Businesses are constantly challenged by the ever-evolving landscape of labor and employment law, with new legislation and judicial developments occurring almost daily fueling a seemingly never-ending stream of litigation. For companies operating in multiple states, complying with this patchwork of federal, state, and local laws and developments can be daunting. Knowing these issues are a top concern for management and in-house counsel, Morrison Foerster keeps pace with this rapidly evolving landscape. MoFo ELC equips our clients with the most up-to-date and relevant information on employment and labor law issues covering key judicial, litigation and legislative developments, their implications for employers, and strategies to ensure compliance and avoid lawsuits.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Andrew represents companies on a broad range of labor and employment litigation and counseling matters, successfully defending clients in number complex matters before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, such as:<ul><li>OFCCP compliance</li><li>Creating and implementing affirmative action plans</li><li>Defending OFCCP audits and onsite investigations</li><li>Conducting mock pay equity audits</li><li>Drafting and developing business ethics policies and programs</li><li>Complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act</li></ul>He is also well-versed in defending clients against claims alleging trade secret misappropriation, breach of post-employment restrictions, wage-and-hour violations, discrimination, and retaliation.Andrew routinely develops practical, proactive strategies to help employers minimize risk on various human resource matters. Andrew regularly advises clients on:<ul><li>EEO and diversity</li><li>Wage-and-hour</li><li>High-stakes employee terminations</li><li>Executive disputes</li><li>Reductions in force</li><li>Leaves of absence</li><li>Accommodations</li><li>Pay equity</li><li>Employee selection processes</li><li>Employment testing</li><li>Contingent workers </li><li>Policy development and application</li></ul>In addition, Andrew advises on a wide range of employment transactional matters, such as drafting and negotiating executive employment agreements and separations, overseeing internal investigations and audits of employment issues, and conducting employment diligence on mergers, acquisitions, and other corporate transactions.He has significant experience advising technology and other companies on protecting against the loss of trade secrets, proprietary information, and current and prospective clients. Andrew also represents employers in matters involving union avoidance, negotiating and drafting collective bargaining agreements, handling union grievances, and avoiding and defending unfair labor practice charges.<h4>Federal Contractor Experience</h4><ul><li>Defended numerous OFCCP audits, including closing audits with a finding of no violations against a major accounting firm, a language learning software provider, and a technology consulting company</li><li>Obtained complete dismissal of a significant OFCCP complaint against a large aerospace and space transport company</li><li>Performed mock SCA audits for various contractors</li><li>Led labor and employment diligence for $1 billion acquisition of international security firm</li><li>Developed and overhauled numerous affirmative action plans and EEO training programs</li><li>Analyzed subcontractor status for numerous companies to determine OFCCP coverage, including for a large semiconductor manufacturer</li><li>Conducted E-Verify and I-9 audit for a national dispute consulting contractor</li><li>Performed “single entity” analysis for one of the largest mutual life insurance companies</li><li>Conducted pay equity audits for contractors, including for a software and consulting company</li><li>Obtained DOL approval under the SCA for self-funded fringe benefit program of an aviation and space contractor</li><li>Advised a multinational package delivery company on establishing program to conduct denied party screening under lists maintained by OFAC and BIS while minimizing risk of discrimination claims and compliance with background check laws</li><li>Advised a global coffee and coffeehouse chain on establishing hiring processes to avoid discrimination claims while complying with ITAR/EAR</li><li>Developed business ethics policies and programs for a large pharmaceutical manufacturer</li></ul><h4>Other Representative Experience</h4><ul><li>Defended education association against claims by former employers of two executives alleging breach of restrictive covenants and theft of trade secrets and confidential information</li><li>Obtained preliminary injunction enforcing a noncompetition agreement and other restrictive covenants against a former senior sales executive of a technology firm</li><li>Led internal investigation of sexual harassment claims against COO of a public real estate firm</li><li>Advised a global food manufacturer in avoiding litigation while terminating employee threatening whistleblower claims based on employer’s confidential information</li><li>Defended former senior executives of a global manufacturer of performance fabrics against allegations of misappropriation of trade secrets and breach of noncompetition agreements</li><li>Advised an entrepreneur in creating startup while minimizing risk of his former employer pursuing enforcement of restrictive covenants </li><li>Assisted a property management firm in navigating internal investigation of whistleblower claims related to alleged fraud, ethics violations, and sexual harassment by senior executive</li><li>Won motion for reconsideration convincing court to grant summary judgment in gender discrimination and retaliation case against a large DC employer </li><li>Obtained terminating sanctions and attorneys’ fees and costs for discovery violations in a discrimination suit against a large utility provider </li><li>Obtained favorable arbitration decision for a software company in claims by former executive alleging breach of his employment agreement</li><li>Advised a company board in navigating termination of CEO and successfully defended CEO’s breach of contract and wage claims</li><li>Defended numerous EEOC charges, including against a national event planner, a multinational professional services company, and an operator of research and development centers for the government</li><li>Defended and settled over 30 unfair labor practice charges against a national call center operator</li><li>Negotiated new collective bargaining agreements with four separate unions in bankruptcy of an international maritime shipping company</li><li>Awarded pro bono achievement award for defending a non profit in litigation and several administrative audits before the EEOC and state agencies related to a former employee’s whistleblower and discrimination claims, including defending multiple onsite investigations</li><li>Oversaw validation of pre-employment tests for a national food service distributor</li></ul>Prior to joining MoFo, Andrew was a human resources manager for an Inc. 500 company, ranked as one of the fastest-growing private companies in the United States.Andrew is a member of the steering committee and actively involved in the Washington Metro Industry Liaison Group. He is also a member of the firm’s global Environmental, Social, and Governance (ESG) steering committee.<h4>Rankings</h4><ul><li>Recommended for Government Contracts – Legal 500 US 2019 </li></ul>

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Partner

Andrew Turnbull represents companies on a broad range of labor and employment litigation and counseling matters. He has successfully defended clients in complex employment litigation before federal and state courts and administrative agencies. A primary focus of his practice involves helping companies navigate the unique employment issues that arise when doing business with the federal government, including advising on all aspects of OFCCP compliance, creating and implementing affirmative action plans, defending OFCCP audits and onsite investigations, conducting mock pay equity audits, drafting and developing business ethics policies and programs, and complying with the Service Contract Act, E-Verify, and the Drug Free Workplace Act.

Andrew R. Turnbull

Lloyd W. Aubry, Jr. is a member of our Employment and Labor Group. Lloyd’s practice encompasses all aspects of employment and labor law, including litigation and counseling. He represents public and private clients in a variety of matters relating to wage and hour law, employment discrimination, wrongful discharge, safety and health issues, and National Labor Relations Act issues.Lloyd represents clients before administrative agencies and in state and federal courts. A significant part of his practice involves providing expert testimony and consulting on issues relating to the Department of Industrial Relations. In this capacity, he has assisted both employers and employees.Prior to joining Morrison Foerster, Lloyd served as the Director of the California Department of Industrial Relations, a cabinet level position, from 1991 to 1997. During his tenure as Director, the department successfully updated wage and hour regulations, including elimination of the daily overtime rule; reformed the state’s workers’ compensation laws resulting in a $4 billion decrease in premiums; and modernized the prevailing wage regulations. Also during his term as Director, Lloyd served as President of the National Association of Government Labor Officials, a national organization of state labor commissioners, secretaries, and directors.From 1989 to 1991, Lloyd practiced labor law in San Francisco, and from 1985 to 1989, he served as the State Labor Commissioner. In this position he headed the Division of Labor Standards Enforcement and was responsible for enforcing and interpreting wage and hour law, prevailing wage law, various retaliation statutes, and a number of licensing provisions. From 1981 to 1984, he served as a special assistant and counsel to the U.S. Secretary of Labor and to the Assistant Secretary for Policy, advising them on legal and policy issues. Shortly after, he was appointed by President Reagan as a member of the Commission on Agricultural Workers, a study commission created by the Immigration Reform and Control Act.Lloyd received his J.D. in 1975 from UCLA Law School and his B.A. in 1972 from Stanford University (Phi Beta Kappa, with distinction). He is a frequent lecturer and author on employment law matters and is the author of the California Wage and Hour Guide, published by the Employers’ Group.

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Of Counsel

Lloyd Aubry’s practice encompasses all aspects of employment and labor law, including litigation and counseling. He represents public and private clients in a variety of matters relating to wage and hour law, employment discrimination, wrongful discharge, safety and health issues, and National Labor Relations Act (NLRA) issues. Mr. Aubry represents clients before administrative agencies and in state and federal court. A significant part of his practice involves expert testimony and consulting on issues relating to the Department of Industrial Relations. In this capacity, he has served for both employers and employees.

Lloyd Aubry

Lauren Leibovitch is an associate in the Employment & Labor Group. She specializes in defending employers in wage-and-hour class and representative actions in both federal and state courts.Lauren also has a broad range of experience handling various employment matters involving discrimination, retaliation, harassment, and wrongful termination claims. In addition, she advises clients on best practices to ensure compliance with employment laws.Lauren graduated cum laude from the University of California, Hastings College of Law, where she was the Senior Articles Editor for the Hastings Law Journal and received CALI Awards for earning the highest grade in Legal, Writing & Research, E-Discovery, and Critical Studies I: Writing. While in pursuit of her J.D., Lauren served as a judicial extern for the Honorable Mary E. Wiss and the Honorable Curtis E.A. Karnow in the San Francisco Superior Court’s Complex Civil Litigation Department. She also served as a judicial extern for the Honorable Consuelo B. Marshall in the U.S. District Court for the Central District of California.

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Associate

Lauren Leibovitch is an associate in the Employment & Labor Group. She specializes in defending employers in wage-and-hour class and representative actions in both federal and state courts. Lauren also has a broad range of experience handling various employment matters involving discrimination, retaliation, harassment, and wrongful termination claims. In addition, she advises clients on best practices to ensure compliance with employment laws.

Lauren Renee Leibovitch

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MoFo ELC equips our clients with the most up-to-date and relevant information on employment and labor law issues, covering key judicial, litigation, and legislative developments, their implications for employers, and strategies to ensure compliance and avoid lawsuits. To learn more about our capabilities, please visit the <a href="https://www.mofo.com/capabilities/employment-labor" target="_blank">Employment + Labor</a> practice page and read about our <a href="https://www.mofo.com/people?practices=Employment%20%2B%20Labor" target="_blank">Team</a>.

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OFCCP’s New Burdensome Audit Scheduling Letter Approved

Missing SCA Clause Did Not Excuse Noncompliance or Allow for Full Equitable Adjustment

The California Supreme Court Clarifies PAGA Standing

SCOTUS Effectively Ends Affirmative Action for College Admissions: What This Decision Might Mean for Workplace Diversity Programs

New York State Slated to Join Post-Employment Non-Compete Ban Bandwagon

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The last few months have seen some important and significant developments in UK employment law. Amongst other things, we have seen new guidance published on <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers#_ftn1" target="_blank">ethnicity pay gap reporting</a>, <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers#_ftn2" target="_blank">positive action</a>, and <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers#_ftn3" target="_blank">employee rights to access personal information</a>. <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers#_ftn4" target="_blank">Additional protections for parents and carers</a> have been confirmed and the UK Government has announced <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers#_ftn5" target="_blank">proposals</a> to reform rules on working time, holiday pay, and non-compete clauses. Set out in this alert is a brief round-up of the key developments from the last couple of months that will be of particular interest to international employers of UK-based employees.Read the <a href="https://www.mofo.com/resources/insights/230620-key-updates-for-uk-employers" target="_blank">full client alert</a>.

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Managing Partner, London

Annabel is a partner at Morrison Foerster and co-Managing Partner of the London office.

Annabel Gillham

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Oliver Spratt is Of Counsel based in the London office of Morrison Foerster. 

Oliver Spratt

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Lara Sirimanne is an associate in the London employment practice of Morrison & Foerster. She advises domestic and international clients on the full spectrum of both contentious and non-contentious emp

Lara M. King

Lara King

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What You Need to Know About Restructuring and the Energy Crisis

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The last few months have seen some important and significant developments in UK employment law. Amongst other things, we have seen new guidance published on ethnicity pay gap reporting, positive action, and employee rights to access personal information.

Key Updates for UK Employers: What Needs to be on Your Radar for the Second Half of 2023

With California’s new pay transparency and pay reporting obligations under S.B. 1162 now in effect, employers are seeking answers on various open questions for complying with the new law. As we previously reported, S.B. 1162 requires employers with 15 or more employees to include pay scale information in each job posting for positions in California, as well as disclose information to current California employees upon request. Failure to comply with these requirements can result in significant civil penalties (ranging from $100 to $10,000 per violation) and possible government investigations or private lawsuits.  Read our <a href="https://www.mofo.com/resources/insights/230117-new-guidance-on-californias-pay-transparency-law" target="_self">client alert</a>.

New Guidance on California's Pay Transparency Law

Andrew represents companies on a broad range of labor and employment litigation and counseling matters, successfully defending clients in number complex matters before federal and state courts and adm

Andrew Turnbull

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Sadé Tidwell is an associate in the Employment + Labor Group in Morrison Foerster’s Washington, D.C. office.

Sadé V. Tidwell

Sadé Tidwell

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New Guidance on California's Pay Transparency Law

Practical Considerations for Navigating the Upcoming Federal Ban on Predispute Arbitration and Class Action Waivers of Sexual Harassment and Assault Claims

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With California’s new pay transparency and pay reporting obligations under S.B. 1162 now in effect, employers are seeking answers on various open questions for complying with the new law.

On September 27, 2022, California’s Governor signed S.B. 1162, making significant changes to California’s existing pay transparency and reporting laws and joining the growing trend of jurisdictions requiring companies to disclose their pay ranges in job postings. Starting in 2023, S.B. 1162 adds several substantial and notable changes to California’s current pay transparency and reporting laws, including:<ul><li>Requiring employers with 15 plus employees to disclose pay scales in each job posting for positions in California and disclose pay scale information to current California employees upon their request;</li><li>Adding to California’s existing pay data reporting obligations to require employers with 100 plus employees to include the median and mean hourly rates for their employees by job category and race, ethnicity, and gender in their annual reports to the California Civil Rights Department (CRD) (formerly known as the California Department of Fair Employment and Housing);</li><li>Requiring employers with 100 plus workers provided by “labor contractors,” such as staffing agencies, to submit a separate annual pay data report to the CRD relating to those contractors;</li><li>Changing the deadline for submitting the annual pay data report from March each year to the second Wednesday in May each year;</li><li>Implementing new obligations to retain records of job titles and wage rate history for each employee during employment and three years after employment ends; and</li><li>Enhancing penalties and remedies companies can face for non-compliance, including civil penalties ranging from $100 to $10,000 per violation for failing to comply with the pay scale disclosure requirements, and adding a new private right of action for violations of the pay disclosure and retention requirements.</li></ul>Read our <a href="https://www.mofo.com/resources/insights/221003-california-adds-to-the-trend-of-states?utm_source=publication&utm_medium=email">client alert</a>.

California Adds to the Trend of States Requiring Greater Pay Transparency

On September 27, 2022, California’s Governor signed S.B. 1162, making significant changes to California’s existing pay transparency and reporting laws and joining the growing trend of jurisdictions requiring companies to disclose their pay ranges in job postings. 

California Adds to the Trend of States Requiring Greater Pay Transparency

With a record breaking 4.5 million Americans quitting their jobs in March 2022, the Great Resignation has created a tension between meeting the increased business demand for talent, and compliance with the growing patchwork of pay equity and transparency laws. Numerous states and localities have passed, or are considering passing, laws requiring companies to disclose their pay ranges to applicants and employees and submit data to government agencies on their pay equity practices. This trend follows after many states amended their laws in the last few years to make it easier to pursue class and individual pay discrimination claims. Governmental enforcement agencies, such as OFCCP and EEOC, are also continuing to make pay discrimination a key enforcement priority. In the war for talent, some employers are being forced to let their pay equity compliance take a back seat to the increasing need to attract and retain employees. Join us as we explore these compliance challenges and discuss practical solutions for navigating them in the current competitive labor market. Topics to be discussed include:<ul><li>The impacts of the Great Resignation on pay equity practices;</li><li>The trend of pay equity, transparency, and reporting laws, including laws in California, Colorado, Illinois, New York City, Massachusetts, Washington, and more;</li><li>Trends in enforcement of pay discrimination claims at EEOC, OFCCP, and state agencies; and</li><li>Practical steps for navigating compliance and employee relations issues arising from these trends during a hot job market.</li></ul><div><a target="_blank" href="https://www.veracast.com/webcasts/mofo/mcle-programs/b17D2K.cfm">On-Demand Replay</a></div>

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Eric has experience defending class action, labor and employment, and intellectual property matters, including developing procedural strategies for clients preparing for trial, as well as examining in

Eric Gebert

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David’s practice focuses on employment and labor law. He has particular experience advising companies on a wide range of employment transactional matters, including conducting employment diligence on 

David F. Papas

David Papas

Navigating Pay Equity and Transparency Compliance During the Great Resignation

With a record breaking 4.5 million Americans quitting their jobs in March 2022, the Great Resignation has created a tension between meeting the increased busine

Navigating Pay Equity and Transparency Compliance During the Great Resignation

Although strides have been made over the past few decades to achieve pay equity for women and other protected classes of individuals, the facts (and the sentiment expressed in the above quote) make clear that there is still a ways to go.Indeed, new numbers from the U.S. Bureau of Labor Statistics reveal that women’s weekly earnings in California average approximately 15% below those of similarly situated male workers. The gap equates to an approximate loss of $7,000 per woman annually— the largest it has been since 2002. In fact, the gender pay gap grew in 31 states and in Washington, D.C. Nationally, women’s wages dropped to 81.1% of men’s wages in 2015—down from 82.5% in 2014.Read our <a target="_blank" href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt6002a49e7c04373d/62730fa0a1a1dd2aa9f6c798/170307-elc.pdf">newsletter</a>.

The Movement For Equal Pay In The Workplace: Progressive State Laws Carry The Torch

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The Movement For Equal Pay In The Workplace: Progressive State Laws Carry The Torch

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Although strides have been made over the past few decades to achieve pay equity for women and other protected classes of individuals, the facts (and the sentime

Topic Archives: Pay Equity

Key Updates for UK Employers: What Needs to be on Your Radar for the Second Half of 2023

By: Annabel Gillham, Oliver Spratt and Lara M. King

New Guidance on California's Pay Transparency Law

By: Andrew R. Turnbull and Sadé V. Tidwell

California Adds to the Trend of States Requiring Greater Pay Transparency

By: Andrew R. Turnbull and Sadé V. Tidwell

Navigating Pay Equity and Transparency Compliance During the Great Resignation

By: Andrew R. Turnbull, Eric Gebert and David F. Papas

The Movement For Equal Pay In The Workplace: Progressive State Laws Carry The Torch